Chapter 101: CONNECTMAINE AUTHORITY

SUMMARY: This Chapter describes the operation of the ConnectMaine Authority.

TABLE OF CONTENTS

§ 1 PURPOSE 3

§ 2 DEFINITIONS 3

§ 3 REQUIRED FILING OF DATA 5

A. Communications Service Provider 5

§ 4 PROTECTION OF CONFIDENTIAL INFORMATION 6

A. Protected Information 6

B. Removal of Confidential Designation 6

C. Exception to Public Record Law 7

§ 5 DESIGNATION OF BROADBAND SERVICE AND ELIGIBLE AREAS 7

1. A. Broadband Service 7
2. B. Unserved Areas 7
3. C. Underserved Areas 8
4. D. Opportunity to Review Proposed Designation of Unserved and Underserved Areas 8

§ 6 CONNECTMAINE AUTHORITY SUPPORT 8

1. A. Eligibility Criteria 8
2. B. Prioritization Infrastructure Projects 8
3. C. Eligible Applicants 9
4. D. Eligible Activities 10
5. E. Application Process 10
6. F. Financial Commitment 12
7. G. Project Completion and Evaluation 12
8. H. Infrastructure Grant Tracking 13

§ 7 CONNECTME FUND 14

1. A. Assessment 14
2. B. Reporting and Remittance 14
3. C. Additional Funds…………………………………………………………………………15
4. D. Fund Administrator 15

§ 8 WAIVER OF PROVISIONS OF CHAPTER 15

§ 1 PURPOSE

1. The purpose of this Chapter is to implement the provisions of the Advanced Technology Infrastructure Act contained in 35-A M.R.S., Chapter 93. This Chapter describes the operation of the ConnectMaine Authority.

As stated in 35-A M.R.S. §9204-A, duties of the Authority include:

1. 1. Establish criteria defining unserved and underserved areas;
   1. 2. Promote use of broadband service;
   2. 3. Support local and regional broadband planning;
   3. 4. Support broadband investment;
   4. 5. Facilitate state support of deployment of broadband infrastructure;
   5. 6. Collect and disseminate information; and
   6. 7. Administer funds.

§ 2 DEFINITIONS

As used in this Chapter, the following terms have the following meanings.

1. A. Advanced Communications Technology Infrastructure. “Advanced communications technology infrastructure” means any communications technology infrastructure or infrastructure improvement that expands the deployment of or improves the quality of broadband service or fixed wireless service coverage and can perform common applications and network service.
   1. B. Authority. "Authority" means the ConnectMaine Authority established in 35-A M.R.S. §9203.
   2. C. Broadband Service. “Broadband service” means a two-way, always-on, communications service that provides access to public data networks and the Internet, without usage limits and meets certain performance criteria determined annually by the Authority pursuant to §5 of this Chapter to be necessary to use common applications and network services.
   3. D. Common Applications and Network Service. “Common Applications and Network Service” means the ability to deliver multiple commonly used applications simultaneously for consumer use over the network. Including:

1. Real-time, synchronous voice and video communication, including video conferencing used in remote learning, telehealth, and remote working;
2. Audio and video streaming;
3. Network and cloud-based applications; including office productivity tools, e-commerce, and government services;
4. Network file and data storage, sharing, retrieval, visualization, and search;
5. E-Sports, interactive gaming, and other recreational use;
6. Home and business automation, security, and telemetry; and
7. Any other application or network service that facilitates communication, and information exchange for the purposes of education, business use, telemedicine and other economic purposes.

1. E. Communications Service. “Communications service” means any wireline voice, satellite, data, fixed wireless data or video retail service.

F. Communications Service Provider. “Communications service provider” means:

1. Any entity offering communications service to customers in the State; or

1. 2. Any facilities-based provider of mobile wireless voice or data retail service that voluntarily chooses to be assessed by the Authority under 35-A M.R.S. §9211 sub 2.
   1. G. Infrastructure. “Infrastructure” means a physical component or collection of physical components that provide the basic support for distributing advanced communication technology services.
   2. H. Interconnected Voice over Internet Protocol Service (Interconnected VoIP). “Interconnected Voice over Internet Protocol Service” or “interconnected VoIP” means a service that enables real-time, two-way voice communications; requires a broadband connection from the user’s location; requires internet protocol-compatible customer premises equipment (CPE); and permits users generally to receive calls that originate on the public switched telephone network and to terminate calls to the public switched telephone network.
   3. I. Line. A "line" is any wired or wireless connection capable of real-time concurrent inbound or outbound voice communication calls that are made or received to or from the public switched telephone network. For the purposes of this Chapter, private branch exchange (PBX) lines and Centrex lines are considered to be lines. For the purposes of this Chapter, the number of lines a service provider provides to a subscriber shall be deemed to equal the number of inbound or outbound calls the subscriber can maintain at the same time using the service provider’s service.
   4. J. Subscriber Location. A “subscriber location” means any location at which there could be one or more subscribers of communications service, including but not limited to a house, apartment, apartment complex, condo complex, other dwelling unit, a business, business complex, medical facility, community building, government facility, or other facility.
   5. K. Mobile Communications Service Provider. “Mobile communications service provider” means any facilities-based provider of retail mobile wireless voice or data.
   6. L. Voice Network Service Provider. “Voice Network Service Provider” means a voice service provider that offers its subscribers the means to initiate or receive voice communications using the public switched telephone network.
   7. M. Underserved Area. “Underserved Area” means any geographic area where broadband service exists, but where the Authority has determined that the service is inadequate pursuant to criteria set forth in section 5(C) of this Chapter.
   8. N. Unserved Area. “Unserved Area” means any geographic area that the Authority has determined is without broadband service pursuant to criteria set forth in section 5(B) of this Chapter.

§ 3 REQUIRED FILING OF DATA

1. In order to achieve the purpose, set forth in §1, the following is required:
   1. A. Communications Service Provider. The authority shall collect data annually from communications service providers and any wireless provider providers that own or operate advanced communications technology infrastructure in the State data concerning infrastructure deployment for the purpose of developing mapping information to assist the authority in implementing the provisions of section 9202-A: pricing data for advertised retail pricing for broadband services offered in the State and revenue data for the purpose of assessing communications service providers subject to section 9211. The authority shall permit providers that have provided data to the authority at a level of detail that the authority has determined acceptable to continue to provide the data in the same format. For mapping data, the authority, whenever possible, shall use data formats consistent with data formats used for mapping at the federal level.
      1. 1. Pricing data for advertised retail pricing for broadband services offered in the State:
         1. a. Narrative description of any affordability option and the relevant qualifying criteria and the number of subscribers who have taken advantage of this provision within the prior year;
         2. b. Narrative description of range of pricing and service options available in the State;
         3. c. The cost and speeds of the most subscribed to standalone internet offering;
         4. d. The cost, speeds, and other components of the most subscribed to bundle or package that includes internet service;
      2. e. Cost range for 100mbps/100mpbs or faster service; and
         1. f. Revenue data for the purpose of assessing communications service providers subject to §7.
   2. 2. Data to help the authority determine extent of broadband service in Maine:
      1. a. Address level data that includes the technology and maximum speeds available; or
         1. b. A map that depicts points showing the extent of broadband service provided by the provider and delineates the availability of different service speeds, including areas where 25mbps/3mbps is available; where 50mbps download and 10mbps upload is available; where 100mbps download and 20mbps upload is available; and anywhere where 100mbps/100mbps or faster is available; or
         2. c. Other information that depicts points showing the extent of service availability, the type of broadband service provided and actual delivered maximum service speeds and latency.
      2. 3. If a communications service provider does not provide ConnectMaine with data set forth in §3 within three months of the annual request in the format ConnectMaine requested, that provider will not be eligible for ConnectMaine funding for the following round of grants, or until the data is provided, whichever comes first, absent an affirmative vote by the board prior to opening a grant round that a provider is eligible.
      3. 4. Reports containing data set forth in §3 for the previous year are due within one month of filing the required Federal Communications 477 data or its successor. Filings shall be made via a secure electronic transmission.
      4. 5. Additional Information. The Authority may request and communications service providers may voluntarily provide additional information to determine availability of broadband service in specific geographic locations to assist in evaluating or developing infrastructure grant proposals. Any information collected pursuant to this subsection shall be held as confidential by the Authority and may be used for only the purposes set forth in this subsection.

§ 4 PROTECTION OF CONFIDENTIAL INFORMATION

1. A. Protected Information. Pursuant 35-A M.R.S. §9207, all data concerning infrastructure deployment, pricing and revenue data included but not limited to service area and types of service data provided to the Authority is confidential and therefore not a public record under Title 1, section 402, subsection 3. An entity submitting information protected under this section will mark the top of each page in large, conspicuous typeface “CONFIDENTIAL.”
   1. B. Removal of Confidential Designation. The removal of the confidential designation for data provided pursuant to §3 of this chapter can only occur upon a determination made by the Authority that extenuating circumstances warrant this action; that the removal of confidential designation is as narrow as possible under the circumstances; and that any party who has provided confidential data has both actual notice of the Authority’s intent and has an opportunity to comment on the removal. In making this determination, the Authority will consider:
      1. 1. Standard. The Authority will protect from public disclosure information concerning any communication service infrastructure that could facilitate the intentional, illegal interference with a communications service or mobile communications service.
      2. 2. Criteria. In determining what information is to be removed from information protected as critical infrastructure, the Authority will consider:
         1. a. The extent to which the information could facilitate the disruption of critical emergency or other government communication services such as E911;
         2. b. The extent to which the information could facilitate the disruption of public communication services;
         3. c. The ease or difficulty with which a person could acquire or duplicate the information from other sources; and
         4. d. The degree to which third parties have placed the information in the public domain or rendered the information “readily ascertainable.”
   2. C. Exception to Public Record Law. Information designated as confidential by the Authority is not a public record under Title 1, section 402, subsection 3, per the authority granted in 35-A M.R.S. §9207.

§ 5 DESIGNATION OF BROADBAND SERVICE AND ELIGIBLE AREAS

1. A. Broadband Service. In determining performance standards for Broadband Service, the Authority must base its criteria on the state of the market, the percentage of households with access to broadband service within a municipality or other appropriate geographic area, as well as the performance necessary to meet the current broadband needs of Common Applications and Network Service in use in the State. The Authority defines adequate Broadband Service as 100mbps download and 100mbps upload.
   1. 1. Criteria Governing Performance. To determine minimum performance criteria, the Authority may consider:
      1. a. Minimum sustained bandwidth for both upstream and downstream transmission in Common Applications and Network Service;
         1. b. Maximum monthly throughput on a flat rate service offering; and
         2. c. Any other performance criteria necessary for the use of Common Applications and Network Service.
   2. B. Unserved Areas. In determining an unserved designation, the Authority shall consider data collected pursuant to §3 of this Chapter, the percentage of households with access to broadband service within a municipality or other appropriate geographic area, as well as other data sources that the Authority deems credible and appropriate to help make this determination.
      1. 1. Broadband Unserved Areas. In designating an unserved area, the Authority must find the following criteria:

1. Unserved areas are any geographic area that the Authority has determined is to have service available of at least 50Mbps download and 10Mbps upload pursuant to criteria governing performance set forth in section 5 A sub 1 of this Chapter.

1. C. Underserved Areas. In determining an underserved designation, the Authority shall consider data collected pursuant to §3 of this Chapter, the percentage of households with access to broadband service within a municipality or other appropriate geographic area, as well as other data sources that the Authority deems credible and appropriate to help make this determination. The Authority shall designate any geographic area as an underserved area and, therefore, eligible for a grant.
   1. 1. Underserved areas of the state are areas that have service available at greater than 50mbps download and 10mbps upload, but less than 100mbps download and 100mbps upload pursuant to Criteria Governing Performance set forth in section 5 A sub 1 of this Chapter.

D. Opportunity to Review Proposed Designation of Unserved and Underserved Areas

1. 1. The Authority will publish a publicly available web-based map that identifies geographic areas based on the most recent data submitted under §3 or other credible data sources utilized by the Authority.
   1. 2. The Authority shall allow 30 days for data to be submitted from any existing provider, grant applicant or other credible data sources, utilized by the Authority to confirm the availability, or lack thereof, of Broadband Service. The Authority may allow this additional data to be provided biannually.

§ 6 CONNECTMAINE AUTHORITY SUPPORT

In order to achieve the purpose set forth in §1., the Authority shall determine:

1. A. Eligibility Criteria. The Authority shall establish eligibility criteria, which may include criteria related to proposed broadband service performance; technical, managerial and financial capacity, and experience to operate the network of the applicant or partner; completion of required outreach to providers; proposed project timeline; and level of financial commitment. The applicant and communications service provider must be in compliance with ConnectMaine rules for data filing and grant tracking. The Authority may establish eligibility criteria related to project areas, which may include identifying, proposing or considering unserved and underserved areas eligible for grants, and the percentage of unserved and underserved subscriber locations to be served.
   1. B. Prioritization of infrastructure projects. The Authority may divide infrastructure grant applications by project area or by type of eligible applicant and then prioritize proposals within an application period.
      1. 1. Preference Criteria. The Authority may establish one or more criteria to prioritize funding of all eligible infrastructure grant applications. The Authority shall give preference among eligible infrastructure grant applications to projects in unserved and underserved areas that provide the greatest relative improvement to existing internet service. In determining what constitutes relative improvement, the Authority will consider the following criteria:
         1. a. The improvement in the speeds and latency of service, the level of existing internet service available and the level of broadband service proposed, the percentage of potential Subscriber Locations to be served at that proposed level of broadband service by the project, and may include other factors;

1. whether without the Authority’s support for the project, the installation of advanced communications technology infrastructure as defined in §5(A) and equivalent to the proposed project would not otherwise occur within the same period.

1. In specific circumstances, the Authority may opt to waive these criteria and determine greatest relative improvement using alternative criteria as part of an application process.
   1. 2. Evaluation of Applications for Infrastructure Grants. The application evaluation process will allow the Authority to evaluate all applications submitted during a particular application period that has been set by the Authority. In addition to eligibility and any preference criteria, the application will be judged using the following categories:

1. Cost-Benefit. Cost-benefit is the amount of funding requested from the Authority per subscriber location in unserved and underserved areas to be served by the project, which is then weighted by Project Scope and Project Value factors.

1. i. Project Scope. The weight of project scope is based on relevant factors that may include the number and/or density of potential subscriber locations to be served by the project, the applicant’s financial commitment to the project, and other factors that may increase the cost or difficulty in expanding broadband service.
   1. ii. Project Value. The weight of project value is based on relevant factors, that may include the estimated retail price per potential subscriber location to receive service, any affordability offering proposed, and other factors that may increase the value of the proposed project.
   2. C. Eligible Applicants. Applicants eligible to receive Authority support may include the following:

1. For Community Planning Grants
2. General-purpose local governments (municipalities, groups of municipalities and counties);
3. Groups or regional partnership of general-purpose local governments;
4. Local government authorities, and joint or multi-county development authorities; and

1. d. Non-profit local or regional community organizations that are providing local or regional economic development programs.

1. For Infrastructure Grants

1. a. Communications service providers;
   1. b. Units of local government including broadband utility districts; and
      1. c. Any other responsible entity or group determined by the Authority to be capable of installing, using, and managing advanced communications technology infrastructure in the area.
   2. D. Eligible Activities. Eligible uses of funds provided under the ConnectMaine Fund include activities, facilities, and services described in 35-A M.R.S., Chapter 93, including the provision of public infrastructure, services, facilities and improvements needed to implement new broadband services, enhance existing broadband services, implement new mobile communications service, or enhance existing mobile communications service or the provision of technical and financial assistance to support local and regional broadband planning activities, to unserved areas. Funds may also be used for matching requirements, “gap” financing, and grants, that may assist projects in qualifying for other sources of funding, as well as any other activities that are integral and necessary for the development, installation and use of a broadband or mobile communications system.
   3. E. Application Process. The Authority will initiate a round of grant-making through public announcement. Applicants will be provided information on how to apply for a grant and a copy of the evaluation process at the time of the announcement of the grant round. The application process is subject to change, depending on funds available for granting, but will include, at a minimum the following provisions:

1. 1. Infrastructure Grant Application. The application for a grant to build infrastructure will include, at a minimum, the following:
   2. identification of proposed project area, which must meet the eligibility criteria established by the Authority pursuant to §6(A)(1), and which shall include a description and GIS enabled map with sufficient information to establish which areas meet the Authority’s definition of an unserved or underserved area, as set forth in section 5 of this Chapter;
   3. a description of the proposed project, including: public-private partnerships that have been established; evidence that the partners in the project are eligible to receive funding from the Authority; the type of service to be provided and, in the case of broadband service, the upstream and downstream speeds of the service to be provided; an estimate of the time required to complete the proposed project; the percentage distribution of potential Subscriber Locations within the area to be served by the project; and the estimated price per subscriber of the service to be provided by the proposed project;
   4. a description of the financials of the proposed project, including: the total amount of funding requested from the Authority, the amount and sources of the applicant’s financial commitment to the project in addition to the funding requested from the Authority, and the maximum project cost broken down by major cost categories; and

1. d. the estimated number of potential Subscriber Locations in the proposed project area that will directly benefit from the project, of those the estimated number in unserved and underserved areas, and the number of locations that will be left in unserved areas of the affected community;
   1. e. a high-level network design, including: a description identifying the network of the broadband infrastructure proposed, about which the Authority may request additional information for projects costing $1,500,000 or more;
      1. f. certification that the applicant has contacted the incumbent service provider(s) in the project area regarding current or impending plans for broadband infrastructure expansion and a description of such contact;
         1. g. a timeline for completion of the proposed project; and
         2. h. certification of net neutral services in the provision of broadband internet access service across advanced communications technology infrastructure constructed with the use of the state funds, in that Net Neutral Services must be provided for all subscriber locations that were funded in full or in part with any State funds, and for the purposes of this section Net Neutral Services shall have the same meaning as 5 MRSA Section 1541 B.
      2. 2. Planning Grant Applications. The Authority may request the following information in an application for a planning grant, which may also be required as a report upon completion of:

1. a description of local broadband needs and goals;
2. an inventory of existing broadband infrastructure assets within the municipality, municipalities or region;
3. a gap analysis defining the additional broadband infrastructure necessary to meet identified needs and goals;
4. one or more potential network designs, cost estimates, operating models and potential business models based on input from broadband providers operating within the municipality, municipalities or region and any other parties that submit a network design solution in the course of developing the plan to address any broadband gaps identified in paragraph c; and
5. an assessment of all municipal procedures, policies, rules and ordinances that have the effect of delaying or increasing the cost of broadband infrastructure deployment.

1. F. Financial Commitment. The authority may give preference to applications with a financial commitment. If a community includes a financial commitment toward planning, those funds may not consist of in-kind contributions from the municipality or funds provided by a vendor or private business that proposes to build, operate or provide retail services using broadband infrastructure constructed pursuant to the planning grant.
   1. G. Project Completion and Evaluation. A project will be considered successfully completed and eligible for final payment only if it complies with the following provisions.
      1. 1. Infrastructure Grants
         1. a. Projects of less than $1,500,0000, that have received grant approval must be completed within one year of receipt of funds from the Authority or within 180 days of all licenses and permits or governmental approvals necessary to complete the project, whichever later occurs, unless a waiver is granted by the Authority due to unforeseen circumstances. Projects that are over $1,500,000 will have a contractually agreed to completion date; and
         2. b. Within one year of receipt of funds from the Authority or within 180 days of all licenses and permits or governmental approvals necessary to complete the project, whichever later occurs, the recipient must submit a report demonstrating completion, or in the case of a project that has been granted an extension of the one-year time period for completion, a report of progress. Such report must include an itemization of costs for which the Authority’s funding was used including a description of the service that has been created through use of the funds.
      2. 2. Planning Grants
         1. a. Planning projects that have received grant approval must be completed within one year of funding unless a waiver is granted by the Authority due to unforeseen circumstances; and
         2. b. Upon the date of completion, the recipient must submit a report with sufficient detail to allow the authority to determine whether the Plan generated by the project will lead to the expansion of the availability of broadband service in unserved and underserved areas, which may include the following information:
         3. i. Define local broadband needs and goals;
         4. ii. Inventory existing broadband infrastructure assets within the community or region;
         5. iii. Include a gap analysis defining the additional broadband infrastructure necessary to meet identified needs and goals;
         6. iv. Include one or more potential network designs, cost estimates, operating models and potential business models based on input from broadband providers operating within the community or region; and
         7. v. Include an assessment of all municipal procedures, policies, rules and ordinances that have the effect of delaying or increasing the cost of broadband infrastructure deployment.

         The Authority shall make all plans developed using grant funds available on the Authority’s website.

      3. 3. Project Completion and Validation. Projects with a total cost of less than $1,500,000 and that have received grant approval, including planning projects, must be completed within one year of receipt of funds from the Authority or within 180 days of all pole licenses and permits or governmental approvals necessary to complete the project, whichever later occurs, unless a waiver is granted by the Authority due to unforeseen circumstances. Projects where the total cost exceeds $1,500,000 will have a contractually agreed to completion schedule. Within one year of receipt of funds from the Authority or of all licenses and permits or governmental approvals necessary to complete the project, whichever later occurs, the recipient must submit a report demonstrating completion, or in the case of a project that has been granted an extension of the one-year time period for completion, a report of progress.
         1. a. When a completion or progress report is submitted for disbursement of grant funds, it shall include a description of the service or the planning study that has been created through use of the funds, an itemization of project costs, documentation supporting costs, and any other elements of the relevant report that is required by the Authority.
         2. b. For any grants awarded by the Authority for infrastructure deployment project, the Authority shall perform an audit of the project. The grant awardee shall provide information requested by the Authority for the purposes of this audit, and the grant awardee shall provide access for inspection of plant and equipment funded by the grant award. The audit shall evaluate consistency of the constructed project with subscriber locations identified in the grant process and with project expenditures reported. The audit will also evaluate suitability of the project as constructed to provide the type of services and performance identified in the grant process, and to ensure conformance with generally-accepted industry standards.
   2. H. Infrastructure Grant Tracking. For any grants awarded by the Authority for infrastructure deployment project, the grant awardee shall submit an annual report for 5 years after the project is completed. The report will include number of Subscriber Locations in the project area that subscribe to broadband service provided by the project on June 30th of each year.

   Information collected under §6(G)(3) and §6(H) shall be considered confidential pursuant to 35-A MRSA §9207. The Authority shall aggregate the data on an annual basis and include aggregated information as deemed appropriate by the Authority in its annual report.

§ 7 ConnectME FUND

1. A. Assessment. The statutory assessment is imposed on the value of the following:

1. All retail revenues received or collected from communications services provided in Maine.
2. All retail revenues received or collected from mobile communications service providers that voluntarily agree to be assessed by the Authority.
3. Starting January 1, 2022 each of the following voice network service providers who provide service to end-user retail customers in Maine shall report the number of their Lines or Working Telephone Numbers in Maine and shall contribute to the ConnectMaine Fund under the provisions contained this Section: local exchange carriers, interconnected voice over Internet protocol service providers, and mobile communications service providers. If the voice network service providers who provide service to end-user retail customers recovers the amount from its customers, it shall identify this surcharge on each customer bill as “statewide broadband access fund” surcharge on the customer's bill.

1. B. Reporting and Remittance
   1. 1. Local Exchange Carriers. Subject to the limitation provided by Subsection B (4) of this Section, within thirty days after the end of each calendar quarter, each local exchange carrier shall report to the fund administrator on forms provided by the fund administrator the number of its Lines, including Centrex and PBX lines, or Working Telephone Numbers that are providing voice telephone service in Maine at the end of each month of the preceding quarter.
      1. 2. Providers of Interconnected VoIP Service. Subject to the limitation provided by Subsection B (4) of this Section, within thirty days after the end of each calendar quarter, each provider of interconnected VoIP service shall report to the fund administrator on forms provided by the fund administrator the number, at the end of each month of the preceding calendar quarter, of its active interconnected VoIP Lines or Working Telephone Numbers that have a registered location within Maine. Providers of interconnected VoIP service must adhere to the requirements of 47 CFR §9.5(d).
      2. 3. Providers of Mobile Telecommunications Services. Subject to the limitation provided by Subsection B (4) of this Section, within thirty days after the end of each calendar quarter, each provider of mobile telecommunications services, except for prepaid wireless providers, shall report to the fund administrator on forms provided by the fund administrator for the end of each month of the preceding quarter the number of its mobile telecommunications services Lines or Working Telephone Numbers whose place of primary use is in Maine.
      3. 4. Limitation on Reporting by Billing Account Number. For the purposes of Subsections B (1), (2), and (3) of this Section, the reporting service provider shall not report more than twenty-five Lines or Working Telephone Numbers per active Billing Account Number.
      4. 5. Contribution Calculation and Remittance. Each service provider that must report its lines or customers to the fund administrator under the provisions of Subsections B (1), (2), or (3), subject to the limitation provided by Subsection B (4), shall calculate its required contribution to the ConnectMaine Fund by multiplying the number of Lines or Working Telephone Numbers reported for each month by 10 cents. Under procedures established by the fund administrator, the service provider must remit its required contribution to the fund administrator at the time it files its required report for each quarter.
      5. 6. Confidentiality. For the purposes of this Chapter, the counts of Lines or Working Telephone Numbers that must be reported to the fund administrator pursuant to the provisions of Subsections B(1), (2), or (3) of this Section will be considered Confidential Business Information, pursuant to the provisions of 35-A M.R.S. §9207-sub 1 & 2.
   2. C. Additional Funds. Any additional funds the Authority collects pursuant to 35-A M.R.S. Chapter 93 shall be paid into the ConnectME Fund to be used for the purposes authorized by statute and in accordance with this Chapter.
   3. D. Fund Administrator. The Authority will contract with an appropriate independent fiscal agent to serve as the Fund Administrator. The administrator will establish the time and procedures for payment after consultation with the Authority.

§ 8 WAIVER OF PROVISIONS OF CHAPTER

1. Upon the request of any person subject to the provisions of this Chapter or upon its own motion, the Authority may, for good cause, waive any of the requirements of this Chapter that are not required by statute. The waiver may not be inconsistent with the purposes of this Chapter or 35-A M.R.S. Chapter 93.

STATUTORY AUTHORITY:

23 M.R.S. §3360-A; 35-A M.R.S. §§ 9201-9218.

History

EFFECTIVE DATE: This chapter, a major substantive Final Adoption (filing 2007-228), was approved as to form and legality by the Attorney General on May 30, 2007. It was filed with the Secretary of State on May 30, 2007 and becomes effective on June 29, 2007.

EFFECTIVE DATE: This chapter, a major substantive Final Adoption (filing 2019-091), was approved as to form and legality by the Attorney General on May 31, 2019. It was filed with the Secretary of State on May 31, 2019 and became effective on June 30, 2019.

EFFECTIVE DATE: This chapter, a routine technical adoption (filing 2019-215), was approved as to form and legality by the Attorney General on November 26, 2019. It was filed with the Secretary of State on November 27, 2019 and became effective on December 2, 2019.

EFFECTIVE DATE: This chapter, a routine technical adoption (filing 2021-053), was approved as to form and legality by the Attorney General on February 25, 2021. It was filed with the Secretary of State on March 5, 2021 and became effective on March 10, 2021.

EFFECTIVE DATE: This chapter, a routine technical adoption (filing 2021-261), was approved as to form and legality by the Attorney General on December 21, 2021. It was filed with the Secretary of State on December 28, 2021 and became effective on January 2, 2022.

APAO WORD VERSION CONVERSION (IF NEEDED) AND ACCESSIBILITY CHECK: July 17, 2025